Chiefs angry at hardball government tactics

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Indigenous nations across British Columbia rushed as one to file statements of claim related to Aboriginal title. Word was out that the province would attempt to extinguish outstanding Aboriginal title claims by invoking the statute of limitations on the Delgamuukw decision of 1997.

December 11, 2003 was the sixth anniversary of the decision in which the Supreme Court of Canada acknowledged Aboriginal title to unceded land in the province. By Dec. 10, a flurry of court documents were filed for title claims that remained unresolved, in case a court somewhere bought into the government's strategy.

First Nations technicians were alerted that the government had raised the limitations argument in the Haida Aboriginal title case that's currently being litigated. The Haida are seeking compensation for the damage done to their lands by development undertaken without their consent. The province raised the limitations argument in its statement of defence.

Lawyers representing First Nations throughout B.C. have argued that there was no recognition at law that Aboriginal title existed until the Delgamuukw decision and that the limitations clock wouldn't have started ticking until that day. Since claims against the Crown must be filed within six years, the lawyers advised that all nations with unresolved Aboriginal title claims should file writs with the court by Dec. 10 to keep their claims alive.

Chief Stewart Phillip, president of the Union of British Columbia Indian Chiefs, strongly condemned the idea of invoking the limitations defence against Aboriginal title claims as "wholly inappropriate."

"The province should not try to retain through limitations defenses what they have illegally taken from First Nations. Either we negotiate the reconciliation of the assertion of Crown sovereignty with our pre-existence or we litigate it. But to try to prevent justice from being done through the application of statutory limitations defences is downright dishonorable," he said.

Chief Ervin Charleyboy, the Tsilhqot'in National Government tribal chairman, responded to government hardball tactics with a high hard one of his own. He issued a communique warning resource companies that provincial licences would not be recognized on Chilcotin land.

"These permits and various tenures that the province of British Columbia resource ministries are issuing to you do not give you legal access to our land or use of our resources," Charleyboy told the resource companies and commercial recreation operators. "They do not give you 'certainty' or any other right of access or any suggestion of 'ownership.' No, in fact they do quite the opposite. So to avoid outright insult to, and confrontation with, the Tsilhqot'in people who have Aboriginal title to our land base, it is necessary to come to terms with our policies and terms of access to our territory and its resources. Failure to do so will be regarded as trespass and, in the case of resource removal, theft."

The Chilcotin lands, in the B.C. Interior near Williams Lake, have been posted with no trespassing signs.

Also in the sights of the province's First Nations leaders is the federal government. At a meeting of First Nations organizations on Jan. 21 in Burnaby, a new organization was formed to take on the Canada Customs and Revenue Agency (CCRA).

On-reserve Native commercial fishermen are claiming they're being pursued by the tax man even though the Indian Act gives them the right to be tax exempt.

"We have had it with being harassed and threatened, with being pushed to the point of economic genocide. We have never sold or surrendered our rights and title. Every Aboriginal person in B.C. will stand side by side and fight for our social, cultural and economic survival," said Edwin Newman, chairman of the newly formed B.C. First Nations Taxation Rights Alliance.

Newman told Windspeaker the federal government has ruled that fishing does not take place on reserve and therefore is not tax xempt. He argues that coastal reserves are tiny, that a small land base was reserved for First Nation communities that relied on fishing as their main source for food because they spent most of their time at sea. Now they're being punished for that government decision, he argued. And in some cases the government is going back several years and imposing crippling tax bills on Native fishermen.

After a meeting with several senior representatives of CCRA and 146 Aboriginal participants from more than 50 organizations, the Native Brotherhood of B.C., the Union of B.C. Indian Chiefs, the First Nations Summit and urban Aboriginal organizations have agreed to collectively fight for the protection of their historic rights to exemption from taxation, Newman said.

"This Alliance of treaty and non-treaty, river, coastal, interior and inland Aboriginal peoples is a powerful signal that our people are beyond frustrated with government policies and actions that attack and destroy Aboriginal rights. Our people are suffering too much and we need to end that," said Chris Cook, president of the Native Brotherhood. "You have all heard of Oka and Burnt Church. Today we are giving notice to the federal and provincial governments, this is our Oka."

Cook said an action plan has been developed, a part of which will be presented to the First Nations Summit in March when a request will be made to withdraw from treaty discussions until this taxation matter is addressed.

"Our Aboriginal rights are collective and we will collectively fight for them," said Chief Phillip. "In this meeting and others I have attended, it is abundantly clear that despite the best efforts of our people, our Aboriginal rights and title are not being respected and our people continue to suffer intolerably. This is a pivotal time for Aboriginal peoples to take whatever action is required to change that."

Shawn Atleo, Assembly of First Nations B.C. vice chief, has noted with concern the rising frustration levels mong First Nations.

"I agree the potential exists for trouble in B.C. over a number of issues. The current B.C. Liberal government has been in office now over two years and it seems that, especially with today's cabinet shuffle, we are constantly faced with a need to help senior politicians in this province to understand the historical and current issues faced by First Nations," he said Jan. 26. "Whether it is B.C.'s attempt to impose limitations law or their failure to consult and accommodate First Nations interests adequately through policy that recognizes and respects First Nations rights and title, First Nations are in many cases frustrated and are just implementing self-government in order to protect their rights and title or negotiating royalties, revenue sharing [or] compensation direct with resource companies."

Recent events have brought disparate groups together, Atleo said.

"While B.C. First Nations are very diverse with many distinct languages and expressions of culture, the Elders tell us our teachings are the same, and in topics like forestry through the B.C.-wide Title and Rights Alliance, First Nations in B.C. have shown the willingness to work together and it is by working together on issues of common concern that First Nations can succeed in the advancement of self-determination for their communities."